Article 289 — Judgment against one of several defendants

Where it appears to the court that any -defendant has a good defence to or ought to be permitted to appear and defend the swt, arid that any other defendant has not such defence and ought not to be per- mitted to defend, the former may be permitted to appear and de- fend, and the plaintiff shall be entitled to issue a decree against the latter. and may issue execution upon such decree without prejudice to his right to proceed with his suit against the former. 94 CIVIL PROCEDURE CODE